04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly allowed as crafted exceptions to the moratorium on eviction under Section 44, Article XII[33] of the same law. Sec. 28. Eviction and Demolition. — Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations: (a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds; (b) When government infrastructure projects with available funding are about to be implemented; or (c) When there is a court order for eviction and demolition. xxxx This Department of the Interior and Local Government and the Housing and Urban Development Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the above provision. (Emphases supplied) Section 2 of the Summary Eviction IRR provides that only new squatter[34] families whose structures were built after the effectivity of RA 7279, otherwise known as the “Urban Development and Housing Act of 1992,” and squatter families identified by the local government unit (LGU) as professional squatters[35]or members of squatting syndicates shall be subject of summary eviction: SECTION 2. Coverage – The following shall be subject for summary eviction: 1.0New squatter families whose structures were built after the effectivity of RA7279; and 2.0Squatter families identified by the LGU in cooperation with the Presidential Commission of the Urban Poor (PCUP), Philippine National Police (PNP) and accredited Urban Poor [O]rganization (UPO) as professional squatters or members of squatting syndicates as defined in the Act. Under the Summary Eviction IRR, the term “summary eviction” has been defined as “the immediate dismantling of new illegal structures by the local government units or government agency authorized to [demolish] in coordination with the affected urban poor organizations without providing the structure owner(s) any benefits of the Urban Development and Housing Program.”[36] Meanwhile, the terms “new squatter,” “professional squatters,”and “squatting syndicates” have been respectively defined as follows: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60932 5/13

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